The Montgomery County Earned Sick and Safe Leave Law goes into effect on October 1, 2016. Under this new law, all employers in Montgomery County will be required to implement policies that allow employees to accrue paid time-off to be used under certain circumstances, including but not limited to, (1) when the employee (or his/her family member) is sick, (2) when there is a public health emergency closing the employer’s place of business or schools, (3) when the employee (or his/her family member) is the victim of domestic violence, sexual assault, or stalking.

If an employer has at least one employee working in Montgomery County, then the employer must comply with the law. Employers with five or more employees must allow their employees to earn 1 hour of paid leave for every 30 hours worked up to a minimum of 56 hours of paid leave each year. Employers with less than five employees must allow their employees to earn at least 32 hours of paid leave and 24 hours of unpaid leave.

If an employer already provides at least 56 hours of paid leave (which can be used for the same situations, and in the same manner, as enumerated in the Montgomery County Earned Sick and Safe Leave Law), then the employer is most likely in compliance with the leave requirements of the new law and does not need to provide additional hours of paid leave.

However, it important to note, that under the new law all employers in Montgomery County are required to provide its employees with a written statement (or an online portal) which shows the employee how many hours of paid time off they have available to use.

Finally, all employers in Montgomery County must notify their employees that they are entitled to sick and safe leave. The notice must comport with certain requirements or include the model notice prepared by Montgomery County.

All employers who have employees located in Montgomery County should immediately review their leave polices to ensure compliance with the new law and consult with an employment attorney who is familiar with the Montgomery County Earned Sick and Safe Leave Law. If an employer in Montgomery County does not offer paid time-off or does not have a written policy describing paid time-off, now is the time to address this issue.

Disclaimer: The content of this blog is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. Laws differ by state and jurisdiction. The information on this blog may not apply to every reader. You should not take any legal action based upon the information contained on this blog without first seeking professional counsel. Your use of the blog does not create an attorney-client relationship between you and Mirsky Law Group, LLC.

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Scott A. Mirsky is pleased to announce that he will be taking his practice to PaleyRothman as of March 4, 2019. Mr. Mirsky can be reached at the following address: